It is improper for an attorney to directly contact the employees of an adverse
party for the purpose of investigation if said employees occupy positions
within the corporation such that they could commit the corporation to specific
causes of action which would lead one to believe that the employees are the
alter-ego of the corporation, i.e. that said employees are members of the
corporation's “control group” as defined in Upjohn Co. v. U.S., 449 U.S.
383, 101 S. Ct. 667 (1981). [LE Op. 795]